shraddha Shukla (Practicing Company secretary " Corporate Law Consultant") 23 August 2011

Power of labour inspector

Dear All,

we have not paid salary of an employee for a month and thus received a notice from labour inspector that, our company failed to provide the records on inspection and thus we are liable to pay duesand produce records failing which legal action can b initiated against us. my querry is:

1- Is a lecturer and Zonal manager getting 8 lacs salary PA a workmen falling under the Min wages and shop establishment acdt.

2. we are a company can we get a notice by the office of deputy labour commisioner, and is the act applicable on us.

3. We are alleging that his one month salary is not being paid to him because he was late for several days in previous months but he has drawn full salary for those months. so instead of liablity on company 20,000/- ammount is recoverable from him. Are we right.

Please reply its urgent

thanks in advance.

Reply Follow

6 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 23 August 2011

You are right , labour inspector has no job to harrass you. Just buy the relevant law books of lavour laws in your place.

shraddha Shukla (Practicing Company secretary " Corporate Law Consultant") 23 August 2011

kindly let me know how to proceed inthis regard and whether our case is maintainable?

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 23 August 2011

If you want ti proceed yourselves buy books of labour laws of your state otherwise take services of a good advocate.

Lokendra Singh (Advocate) 24 August 2011

Hi Shradha,

If your company comes under Shop and establishment Act than it come under the Labour laws. Labour Inspectour has complete right for inspection of records.

You can fine the employee for late coming. and fine will be also limited. You can not hold salary of a employee.

The defenition of worker depend on nature of work he is carrying out and nature of company profile.

Regards

Kumar Doab (FIN) 25 August 2011

learned experts/members have given their valuable advice .kindly follow it.

If you can prove you can issue memo to both the employees for being late and impose penalty, as per company rules.Hope your company has circulated the rules to all employees.

Company should not have stopped disbursement of salary.

Mr. Lokendra Singh has clarified the definition of worker.

shraddha Shukla (Practicing Company secretary " Corporate Law Consultant") 29 August 2011

Originally posted by :Lokendra Singh
"	Hi Shradha, If your company comes under Shop and establishment Act than it come under the Labour laws. Labour Inspectour has complete right for inspection of records. You can fine the employee for late coming. and fine will be also limited. You can not hold salary of a employee. The defenition of worker depend on nature of work he is carrying out and nature of company profile. Regards	"

Thank u Lokendra ji, he is a faculty but his designation is senior executive, my MD is saying that we should file a recovery suit on him for recovering salary excess paid to him for the days for which he was late for previous 1 year, and also withhold salary for short notice period served. I said that we can withhold salary for short notice period served but cannot setoff salary for previous one year late comings.

Is it posible that we should adjust his Earned leaves against the late comings.

kindly advice urgently